Public Prosecutor requests removal of police officers assigned to the Department of Motor Vehicles.

Alagoas247 - The Public Prosecutor's Office of the State of Alagoas (MPE/AL) filed, this Wednesday (18), a public civil action for obligation to act against the State of Alagoas. Through the 17th Public Prosecutor's Office of the Capital - State Public Treasury, prosecutor Coaracy Fonseca requests the granting of a preliminary injunction to guarantee the immediate removal of 21 military police officers who are working irregularly at the State Department of Transit of Alagoas (Detran/AL) and the end of Agreement No. 04/2012, responsible for the assignment of the military personnel to the agency. Currently, the police officers perform the functions of permanent employees who should be hired through public competition to occupy the positions created by law.

For services rendered to the Department, the Military Police of Alagoas (PM/AL) receives 35% of the revenue collected from inspections, fines, and administrative measures carried out by Detran/AL. Since November of last year, the Public Prosecutor's Office of Alagoas (MPE/AL) has been investigating the procedure that allowed the Executive Branch to assign military police officers to the agency to perform administrative activities, such as vehicle inspection and guarding. The assignment of PMs began seven years ago with Agreement No. AGESA 008/2006, which resulted in eight addenda and, subsequently, in Agreement No. 04/2012.

For this reason, the Public Prosecutor's Office is requesting the immediate prohibition of the transfer of public funds from Detran/AL (the Alagoas State Traffic Department) to the PM/AL (the Alagoas Military Police), under penalty of a daily fine. In addition to demanding the annulment of the agreement, its addenda, and other agreements signed after its execution, the prosecutor wants the State of Alagoas to return to Detran/AL all the money illegally transferred to the Police. 

"Agreement No. 04/2012 is null and void because it is a clear expression of usurpation of authority, misuse of purpose, and fraud against the rules of public competition," stated Public Prosecutor Coaracy Fonseca, who, in the text of the lawsuit, criticizes the State and Detran/AL for withholding the amount already transferred to the Military Police through the established partnership.

In the public civil action, the prosecutor also requests that the Executive branch cease carrying out new irregular transfers of civil servants without prior approval through a public competitive examination for the Detran/AL (Alagoas State Traffic Department). The agency should only use companies accredited by the agency and the National Traffic Department (Denatran) as an alternative for carrying out inspection activities.

Public tender

The military police officers of Detran/AL (the Alagoas State Traffic Department) are currently occupying positions that should be filled by civil servants who passed a public examination. State Law No. 6.301/2012 provides for 377 positions for traffic assistants, of which only 179 have been filled so far; of the traffic analyst positions, 30 have been appointed; of the seven positions for autonomous public prosecutors, only five have been filled; and of the 150 positions for traffic agents, none have been filled.

According to the prosecutor, instead of facilitating the bidding process, the agency prefers to spend resources on appointed positions, bonus-based roles, and employees seconded from other agencies, such as military personnel. In addition to the amount allocated to the Military Police through Agreement 04/2012, the Alagoas State Traffic Department (Detran/AL) also spends on per diem payments for military personnel, given that they also carry out inspections in the interior of the state. Since 2007, military personnel have received travel allowances that, in some cases, amount to more than R$ 15 per year.

The State Public Prosecutor's Office also emphasizes that the military police officers working at Detran/AL (the Alagoas State Traffic Department) do not have health problems and are fit for active public security service. "The high investment by the State of Alagoas in training these professionals (sub-lieutenants and sergeants) was not to transform them into inspectors and guards of impounded vehicles, but to combat crime, which has grown exponentially in Alagoas. Unfortunately, hiring practices that violate the Federal Constitution have been the norm in the State, as exemplified by verbal contracts in the Penitentiary System and other agencies," the prosecutor detailed in the text of the lawsuit.

Competence of the Union

Coaracy Fonseca further emphasized that the activities of guarding and inspecting vehicles exceed the competence of the Military Police, especially the inspection, which is delegated by a federal agency to Detran/AL (the state traffic department). For this reason, the agency is prohibited from delegating this public service to another institution. 

Furthermore, the funds collected by the Department cannot be used for "highway construction, to cover the costs of other state agencies (such as the PMAL) or programs distinct from those governed by the legal framework that regulates traffic matters, based on the Federal Constitution," the prosecutor added in the proceedings.

With gazetaweb.com and press office